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Title : "There is no authority granted to Congress to impeach and convict persons who are not 'civil officers of the United States.' It’s as simple as that."
link : "There is no authority granted to Congress to impeach and convict persons who are not 'civil officers of the United States.' It’s as simple as that."
"There is no authority granted to Congress to impeach and convict persons who are not 'civil officers of the United States.' It’s as simple as that."
"But simplicity doesn’t mean unimportance. Limiting Congress to its specified powers is a crucial element in the central idea of the U.S. Constitution: putting the state under law.... The interpretation that persons are subject to impeachment and conviction even if they are not civil officers would greatly expand the Senate’s ability to prevent future office-holding.... [If] removal is irrelevant, any person who was once a civil officer might be impeached and convicted and by this means disqualified from any future office. Is it really compatible with the system of democratic representation...?... [P]runing the disqualification penalty away from its basis in removal creates a bill of attainder, a punishment levied by a legislative body without a criminal trial. An impeachable offense, it is well established, does not have to be a statutory crime. Thus disqualification standing alone and not as appurtenant to removal is precisely the sort of attainder envisaged by the Framers. Is it consistent with the American system of laws, to say nothing of the prohibition on attainders in Article I, Section 9, to allow Congress to impose such draconian penalties without a jury trial—in the absence of the removal of the officer by the Senate...?"Writes lawprof Philip Bobbitt in "Why the Senate Shouldn’t Hold a Late Impeachment Trial" (Lawfare).
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"But simplicity doesn’t mean unimportance. Limiting Congress to its specified powers is a crucial element in the central idea of the U.S. Constitution: putting the state under law.... The interpretation that persons are subject to impeachment and conviction even if they are not civil officers would greatly expand the Senate’s ability to prevent future office-holding.... [If] removal is irrelevant, any person who was once a civil officer might be impeached and convicted and by this means disqualified from any future office. Is it really compatible with the system of democratic representation...?... [P]runing the disqualification penalty away from its basis in removal creates a bill of attainder, a punishment levied by a legislative body without a criminal trial. An impeachable offense, it is well established, does not have to be a statutory crime. Thus disqualification standing alone and not as appurtenant to removal is precisely the sort of attainder envisaged by the Framers. Is it consistent with the American system of laws, to say nothing of the prohibition on attainders in Article I, Section 9, to allow Congress to impose such draconian penalties without a jury trial—in the absence of the removal of the officer by the Senate...?"
Writes lawprof Philip Bobbitt in "Why the Senate Shouldn’t Hold a Late Impeachment Trial" (Lawfare).
Thus articles "There is no authority granted to Congress to impeach and convict persons who are not 'civil officers of the United States.' It’s as simple as that."
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